Legal Opinion

Matter of CVS Pharmacy Wayne

Supreme Court of New Jersey

Decided August 14, 1989PublishedCited by 40 opinions

1Opinion of the Court

The opinion of the Court was delivered by

POLLOCK, J.

The sole issue on this appeal is the constitutionality of N.J.S.A. 45:14-12, which provides that it is “grossly unprofessional conduct” for a pharmacist to offer discounts or rebates on the sale of drugs or medication. The Appellate Division found the statute unconstitutional, holding that it did not promote the public health, safety, or welfare, and that it was void for vagueness. 224 N.J.Super. 631 (1988). Because the matter involved a substantial constitutional question, the State Board of Pharmacy (Board) appealed as of right. R.…

2Cases cited34 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Nebbia v. New YorkSupreme Court of the United States · 1934
  3. City of New Orleans v. DukesSupreme Court of the United States · 1976
  4. Vance v. BradleySupreme Court of the United States · 1979
  5. United States v. Carolene Products Co.Supreme Court of the United States · 1938

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3Cited by40 opinions

  1. ABBOTT BY ABBOTT v. BurkeSupreme Court of New Jersey · 1997
  2. State v. BallNew Jersey Superior Court Appellate Division · 1993
  3. Heyert v. TaddeseNew Jersey Superior Court Appellate Division · 2013
  4. State v. Kirby Lenihan (071497)Supreme Court of New Jersey · 2014
  5. General Motors Corp. v. City of LindenSupreme Court of New Jersey · 1997

35 more not listed; retrieve them via the Exa API.

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